Contents tagged with Unfair Dismissal
Employee Found Storing ‘Obscene Material’ On Online Work Account Unfairly Dismissed
A Royal Mail employee who was allegedly found storing “obscene material” on his online work account has been awarded £53,142 for unfair dismissal and £9,360 in costs.
On 10 October 2013, 28 files containing pornographic material were found on the cloud storage provided to employees. The police were informed and Mr Chokski, a Royal Mail employee of 27 years, was arrested, interviewed, charged, and bailed. It was widely known among the workforce this had happened.
Mr P Chokski was dismissed for gross misconduct on 18 March 2014 for both the alleged content and for sharing the password to his account. An internal appeal then ruled the misuse of password alone was … more
National Gallery Lecturers Win ‘Worker’ Status
A group of art lecturers who lost their jobs at the National Gallery have won their legal fight to be recognised as workers, allowing them to claim certain employment benefits such as holiday pay.
The 27 art lecturers, who were dismissed in October 2017, argued that they were not given any paid holiday, sick pay, pensions or maternity and paternity pay, despite paying taxes through the payroll as employees.
The gallery claimed they were freelancers and were not entitled to any such rights. However, the lecturers had to conform to a strict set of rules and a “house style” when carrying out their work and were asked to contribute to initiatives for the education department.
The employment tribunal dismissed their … more
An employee who was referred to by a colleague as a “baby farmer” after she returned from maternity leave was unfairly dismissed, a tribunal has ruled.
Miss Hayman started working for Pall-Ex in 2000 as a key account manager. She left the firm but re-joined it in 2007 until her resignation in July 2016.
After re-joining the company, Miss Hayman took several periods of maternity leave, and after maternity leave for her second child returned in November 2010 reporting to a new line manager, Mr Tancock.
Miss Hayman told the tribunal that in the following years, there were a number of incidents in which alleged comments were made about her parental responsibilities, she was scapegoated for losing clients and she was treated unfairly for working part-time hours.
On her return … more
NHS Worker Who Reported Suicidal Thoughts Was Unfairly Dismissed
Mr Flemming, who was employed by the East of England Ambulance Services NHS Trust, lost his job in 2015 after he failed to comply with requests to attend meetings and appointments with the organisations’ occupational health function after mental and physical health conditions prevented him from working for a significant period of time.
In April 2012 Flemming suffered a heart attack following an “altercation” with his line manager, which left him feeling upset and stressed.
He claimed that nobody from the organisation had contacted him to ask about his health and wellbeing following his illness. He told the tribunal this lack of contact had contributed to the manifestation of his mental ill-health as … more
Prison Officer Was Unfairly Dismissed After Revealing Sexuality
Forty-year-old Ben Plaistow was the victim of direct discrimination contrary to provisions of the Equality Act 2010, employment judge Michael Ord told the Cambridge Tribunal.
Plaistow took on a prison officer role at HMP Woodhill in Milton Keynes in September 2014, having sought a transfer from Bullingdon prison.
He was suspended from Woodhill in January 2016 and dismissed in August the same year.
A week after starting his new job, Plaistow was asked by a colleague whether he was gay, because of his haircut. A few days afterwards, at his induction meeting, his boss, custody manager Laithwaite, asked him about his sexuality. Plaistow said he found the question odd but answered honestly by stating he was bisexual. … more
Under section 94 of the Employment Rights Act 1996, an employee has the right not to be unfairly dismissed. If an employer wants to dismiss an employee with the necessary length of service, the employer needs to be able to show that they had a good reason to take that action and that they did so in a fair manner.
If an employee started work with the employer after 6 April 2013, they need to have built up two years’ continuous service before they’re protected by the law. Those who started work before that date need to only have one year’s continuous service to achieve the same protection.
If an employee enjoys protection under the law, the employer needs to be wary when considering dismissal.
There are five potentially fair reasons for dismissing an … more
Employee Was Not Unfairly Dismissed Over Offensive Facebook Posts About Director
An employee’s “extremely derogatory” social media posts about his boss’s generosity in awarding a Christmas bonus did not justify the employer’s failure to give him notice pay when he was dismissed, the Manchester Employment Tribunal has ruled.
Benson’s Vending dismissed Darren Atherton for gross misconduct without notice after a string of social media posts in which he told his manager to stick his Christmas gift “where the sun doesn’t shine”.
Atherton had been employed by the vending machine company from April 2012. The ET heard managing director Ken Haselden had a practice of giving a discretionary Christmas bonus gift to employees. These gifts … more
Is it fair to dismiss an employee in the transport industry who fails a drugs test? Not always, said the employment tribunal ('ET') recently in Ball v First Essex Buses.
A bus driver was dismissed for failing a drugs test. He had been employed for 20 years with an unblemished disciplinary record. He was diabetic. He did finger prick blood tests throughout the day and would lick his fingers to stop the bleeding. His bus route took in lots of students and he handled lots of cash. He argued that his drug test had been contaminated by cocaine on bank notes. He also argued that the test was conducted without gloves or prior handwashing and so was open to contamination. He provided his own drug tests which tested negative for cocaine.
The ET ound that the employer’ … more
What position should an employer take regarding an employee who has committed a criminal offence outside of work?
We are all aware that, when someone is charged with a criminal offence, they are innocent until proven guilty. Any dismissal will be unfair unless it is for one of the statutory fair reasons and as employer you act reasonably in all the circumstances.
If an employee is convicted of a criminal offence occurring outside work, a dismissal is only likely to be fair if that criminal offence has some material impact on the employee’s ability or suitability to do their job or affects their acceptability to other employees to a material extent.
ACAS has made it quite clear that just because an employee has been charged or convicted with an offence, … more
Does an Employee Have a Right to a Statement of Employment Particulars When Employed for Less Than 2 Months?
Yes, if they have worked continuously for at least 1 month, held the EAT in Stefanko and others v Maritime Hotel Ltd.
The Claimants were all employed as waiting staff by the Maritime Hotel. They all had relatively short periods of employment of a few months. One Claimant, Ms Woronowicz, was only employed for 6 weeks. She succeeded in a claim for automatically unfair dismissal. She had complained of a failure to provide either a payslip or statement of employment particulars.
The ET declined to increase that award under Section 38 Employment Act 2002, as Ms Woronowicz did not have 2 months' continuous employment; 2 months being the amount of time given by section 1(2) Employment … more